Loan Accounts. (a) The Loans made by each Bank and the Letters of Credit Issued by the Issuing Bank shall be evidenced by one or more accounts or records maintained by such Bank or Issuing Bank, as the case may be, in the ordinary course of business. The accounts or records maintained by the Agent, the Issuing Bank and each Bank shall be conclusive absent manifest error of the amount of the Loans made by the Banks to the Company and the Letters of Credit Issued for the account of the Company, and the interest and payments thereon. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Company hereunder to pay any amount owing with respect to the Loans or any Letter of Credit.
Appears in 5 contracts
Samples: Credit Agreement (Cb Richard Ellis Services Inc), Credit Agreement (Katy Industries Inc), Credit Agreement (Cypress Semiconductor Corp /De/)
Loan Accounts. (a) The Loans made by each Bank Lender and the Letters of Credit Issued by the Issuing Bank shall be evidenced by one or more accounts or records maintained by such Bank Lender or Issuing Bank, as the case may be, in the ordinary course of business. The accounts or records maintained by the Agent, the Issuing Bank and each Bank Lender shall be conclusive absent manifest error prima facie evidence of the amount of the Loans made by the Banks Lenders to the Company Company, and the Letters of Credit Issued issued for the account of the Company, and the interest and payments thereon. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Company hereunder to pay any amount owing with respect to the Loans or any Letter of Credit.
Appears in 4 contracts
Samples: Credit Agreement (Century Business Services Inc), Credit Agreement (Century Business Services Inc), Credit Agreement (Century Business Services Inc)
Loan Accounts. (a) The Loans made by each Bank Lender and the Letters of Credit Issued by the Issuing Bank Issuer shall be evidenced by one or more accounts or records maintained by such Bank Lender or Issuing BankIssuer, as the case may be, in the ordinary course of business. The accounts or records maintained by the Co-Administrative Agent, the Issuing Bank Issuer and each Bank Lender shall be conclusive absent manifest error of the amount of the Loans made by the Banks Lenders to the Company and the Letters of Credit Issued for the account of the Company, and the interest and payments thereon. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Company hereunder to pay any amount owing with respect to the Loans or any Letter of Credit.
Appears in 3 contracts
Samples: Credit Agreement, Credit Agreement (Regis Corp), Credit Agreement (Regis Corp)
Loan Accounts. (a) The Loans made by each Bank and the Letters of Credit Issued by the Issuing Bank shall be evidenced by one or more accounts or records maintained by such Bank or Issuing Bank, as the case may be, in the ordinary course of business. The accounts or records maintained by the Agent, the Issuing Bank and each Bank shall be conclusive absent manifest error rebuttable presumptive evidence of the amount of the Loans made by the Banks to the Company and the Letters of Credit Issued for the account of the Company, and the interest and payments thereon. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Company hereunder to pay any amount owing with respect to the Loans or any Letter of Credit.
Appears in 3 contracts
Samples: Credit Agreement (New Horizons Worldwide Inc), Credit Agreement (Material Sciences Corp), Credit Agreement (Midway Games Inc)
Loan Accounts. (a) The Loans made by each Bank and the Letters of Credit Issued by the Issuing Bank shall be evidenced by one or more accounts or records maintained by such Bank or Issuing Bank, as the case may be, in the ordinary course of business. The accounts or records maintained by the Agent, the Issuing Bank and each Bank shall be conclusive absent manifest error prima facie evidence of the amount of the Loans made by the Banks to the Company and the Letters of Credit Issued for the account of the Company, and the interest and payments thereon. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Company hereunder to pay any amount owing with respect to the Loans or any Letter of Credit.
Appears in 3 contracts
Samples: Credit Agreement (Waterlink Inc), Credit Agreement (Waterlink Inc), Credit Agreement (Waterlink Inc)
Loan Accounts. (a) The Loans made by each Bank (including Bank of America as provider of the Swing Line) and the Letters of Credit Issued by the Issuing Bank shall be evidenced by one or more loan accounts or records maintained by such Bank or Issuing Bank, as the case may be, in the ordinary course of business. The loan accounts or records maintained by the Agent, the Issuing Bank and each Bank shall be conclusive absent manifest error prima facie evidence of the amount of the Loans made by the Banks to the Company and the Letters of Credit Issued for the account of the Company, Companies and the interest and payments thereon. Any failure so to record or any error in doing so shall not, however, limit limit, expand or otherwise affect the obligation obligations of the Company hereunder to pay any amount owing with respect to the Loans or any Letter of CreditCompanies hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Danka Business Systems PLC), Credit Agreement (Danka Business Systems PLC)
Loan Accounts. (a) The Loans made by each Bank and the Letters ------------- of Credit Issued by the Issuing Bank shall be evidenced by one or more accounts or records maintained by such Bank or Issuing Bank, as the case may be, in the ordinary course of business. The accounts or records maintained by the Agent, the Issuing Bank and each Bank shall be conclusive absent manifest error of the amount of the Loans made by the Banks to the Company any Borrower, and the Letters of Credit Issued for the account of the Company, such Borrower and the interest and payments thereon. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Company any Borrower hereunder to pay any amount owing with respect to the Loans or any Letter of Credit.
Appears in 2 contracts
Samples: Revolving Multicurrency Credit Agreement (Johns Manville International Group Inc), Revolving Multicurrency Credit Agreement (Johns Manville Corp /New/)
Loan Accounts. (a) The Loans made by each Bank and the Letters of Credit ------------- Issued by the Issuing Bank shall be evidenced by one or more accounts or records maintained by such Bank or Issuing Bank, as the case may be, in the ordinary course of business. The accounts or records maintained by the Agent, the Issuing Bank and each Bank shall be conclusive absent manifest error rebuttably presumptive evidence of the amount of the Loans made by the Banks to the Company and the Letters of Credit Issued for the account of the Company, and the interest and payments thereon. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Company hereunder to pay any amount owing with respect to the Loans or any Letter of Credit.
Appears in 2 contracts
Samples: Credit Agreement (West Marine Inc), Credit Agreement (West Marine Inc)
Loan Accounts. (a) The Loans made by each Bank and the Letters of Credit Issued by the Issuing Bank shall be evidenced by one or more accounts or records maintained by such Bank or Issuing Bank, as the case may be, in the ordinary course of business. The accounts or records maintained by the Agent, the Issuing Bank and each Bank shall be conclusive absent manifest error of the amount of the Loans made by the Banks to the Company Holdings and the Letters of Credit Issued for the account of the CompanyHoldings, and the interest and payments thereon. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Company Holdings hereunder to pay any amount owing with respect to the Loans or any Letter of Credit.
Appears in 2 contracts
Samples: Credit Agreement (Building Materials Holding Corp), Credit Agreement (Building Materials Holding Corp)
Loan Accounts. (a) The Loans made by each Bank and the Letters of Credit Issued by the Issuing Bank shall be evidenced by one or more accounts or records maintained by such Bank or Issuing Bank, as the case may be, in the ordinary course of business. The accounts or records maintained by the Agent, the Issuing Bank and each Bank shall be conclusive absent manifest error presumptive evidence of the amount of the Loans made by the Banks to the Company and the Letters of Credit Issued for the account of the Company, and the interest and payments thereon. Any failure to so to record maintain such accounts or records, or any error in doing so so, shall not, however, limit or otherwise affect the obligation of the Company hereunder to pay any amount owing with respect to the Loans or any Letter of Credit.
Appears in 2 contracts
Samples: Credit Agreement (Sierra Health Services Inc), Credit Agreement (Sierra Health Services Inc)
Loan Accounts. (a) The Loans made by each Bank and the Letters of Credit Issued by the Issuing Bank Banks shall be evidenced by one or more accounts or records maintained by such Bank or Issuing Bank, as the case may be, in the ordinary course of business. The accounts or records maintained by the Agent, the Issuing Bank Banks and each Bank shall be conclusive absent manifest error of the amount of the Loans made by the Banks to the Company Borrower and the Letters of Credit Issued for the account of the CompanyBorrower, and the interest and payments thereon. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Company Borrower hereunder to pay any amount owing with respect to the Loans or any Letter of Credit.
Appears in 2 contracts
Samples: Credit Agreement (Ferrellgas Partners Finance Corp), Credit Agreement (Ferrellgas Finance Corp)
Loan Accounts. (a) The Loans made by each Bank and the Letters of Credit Issued by the Issuing Bank shall be evidenced by one or more accounts or records maintained by such Bank or Issuing Bank, as the case may be, in the ordinary course of business. The accounts or records maintained by the Agent, the Issuing Bank Bank, and each Bank shall be conclusive conclusive, absent manifest error error, of the amount of the Loans made by the Banks to the Company and the Letters of Credit Issued for the account of the Company, and the interest and payments thereon. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Company hereunder to pay any amount owing with respect to the Loans or any Letter of Credit.
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Loan Accounts. (a) The Loans made by each Bank and the Letters of Credit ------------- Issued by the Issuing Bank shall be evidenced by one or more accounts or records maintained by such Bank or Issuing Bank, as the case may be, in the ordinary course of business. The accounts or records maintained by the Agent, the Issuing Bank and each Bank shall be conclusive absent manifest error of the amount of the Loans made by the Banks to the Company Borrower and the Letters of Credit Issued for the account of the CompanyBorrower, and the interest and payments thereon. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Company Borrower hereunder to pay any amount owing with respect to the Loans or any Letter of Credit.
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Loan Accounts. (a) (a) The Loans made by each Bank and the Letters of Credit Issued by the Issuing Bank shall be evidenced by one or more accounts or records maintained by such Bank or Issuing Bank, as the case may be, in the ordinary course of business. The accounts or records maintained by the Agent, the Issuing Bank and each Bank shall be conclusive absent manifest error of the amount of the Loans made by the Banks to the Company and the Letters of Credit Issued for the account of the Company, and the interest and payments thereon. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Company hereunder to pay any amount owing with respect to the Loans or any Letter of Credit.
Appears in 1 contract
Loan Accounts. (a) The Loans made by each Bank Lender and the Letters of Credit Issued issued by the Issuing Bank shall be evidenced by one or more accounts or records maintained by such Bank Lender or Issuing Bank, as the case may be, in the ordinary course of business. The accounts or records maintained by the Agent, the Issuing Bank and each Bank Lender shall be conclusive absent manifest error prima facie evidence of the amount of the Loans made by the Banks Lenders to the Company Borrowers and the Letters of Credit Issued for the account of the Companyany Borrower, and the interest and payments thereon. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Company any Borrower hereunder to pay any amount owing with respect to the Loans or any Letter of Credit.
Appears in 1 contract
Samples: Credit Agreement (International Murex Technologies Corp)
Loan Accounts. (a) The Loans made by each Bank and the Letters of Credit Issued by the Issuing Bank shall be evidenced by one or more accounts or records maintained by such Bank or Issuing Bank, as the case may be, in the ordinary course of business. The accounts or records maintained by the Agent, the Issuing Bank and each Bank shall be conclusive absent manifest error rebuttable presumptive evidence of the amount of the Loans made by the Banks to the Company each Borrower and the Letters of Credit Issued for the account of the Companysuch a Borrower, and the interest and payments thereon. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Company any Borrower hereunder to pay any amount owing with respect to the Loans or any Letter of Credit.
Appears in 1 contract
Loan Accounts. (a) The Loans made by each Bank and the Letters ------------- of Credit Issued by the Issuing Bank shall be evidenced by one or more accounts or records maintained by such Bank or Issuing Bank, as the case may be, in the ordinary course of business. The accounts or records maintained by the Agent, the Issuing Bank and each Bank shall be conclusive absent manifest error of the amount of the Loans made by the Banks to the Company and the Letters of Credit Issued for the account of the Company, and the interest and payments thereon. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Company hereunder to pay any amount owing with respect to the Loans or any Letter of Credit.
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Loan Accounts. (a) a The Loans made by each Bank and the Letters of Credit Issued by the Issuing Bank shall be evidenced by one or more accounts or records maintained by such Bank or Issuing Bank, as the case may be, in the ordinary course of business. The accounts or records maintained by the Agent, the Issuing Bank and each Bank shall be conclusive absent manifest error prima facie evidence of the amount of the Loans made by the Banks to the Company Company, and the Letters of Credit Issued issued for the account of the Company, and the interest and payments thereon. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Company hereunder to pay any amount owing with respect to the Loans or any Letter of Credit.
Appears in 1 contract
Samples: Credit Agreement (International Alliance Services Inc)
Loan Accounts. (a) The Loans made by each Bank and the Letters of Credit Issued by the Issuing Bank shall be evidenced by one or more loan accounts or records maintained by such Bank or Issuing Bank, as the case may be, in the ordinary course of business. The loan accounts or records maintained by the Agent, the Issuing Bank Bank, and each Bank shall be conclusive absent manifest error of the amount of the Loans made by the Banks to the Company and the Letters of Credit Issued for the account of the Company, and the interest and payments thereon. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Company hereunder to pay any amount owing with respect to the Loans or any Letter the Letters of Credit.
Appears in 1 contract
Samples: Credit Agreement (Gymboree Corp)
Loan Accounts. (a) The Loans made by each Bank and the Letters of Credit Issued by the Issuing Bank shall be evidenced by one or more accounts or records maintained by such Bank or the Issuing Bank, as the case may be, in the ordinary course of business. The accounts or records maintained by the Agent, each Bank and the Issuing Bank and each Bank Bank, shall be conclusive absent manifest error of the amount of the Loans made by the Banks to the any Company and the Letters of Credit Issued for the account of the any Company, and the interest and payments thereon. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligation of the any Company hereunder to pay any amount owing with respect to the Loans or any Letter of Credit.
Appears in 1 contract
Loan Accounts. (a) The Loans made by each Bank and the Letters of ------------- Credit Issued by the Issuing Bank shall be evidenced by one or more accounts or records maintained by such Bank or Issuing Bank, as the case may be, in the ordinary course of business. The accounts or records maintained by the Agent, the Issuing Bank and each Bank shall be conclusive absent manifest error of the amount of the Loans made by the Banks to the Company and the Letters of Credit Issued for the account of the Company, and the interest and payments thereon. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Company hereunder to pay any amount owing with respect to the Loans or any Letter of Credit.
Appears in 1 contract
Samples: Pledge Agreement (Cb Commercial Real Estate Services Group Inc)
Loan Accounts. (a) The Loans made by each Bank and the Letters of Credit Issued L/Cs issued by the an Issuing Bank shall be evidenced by one or more loan accounts or records maintained by the applicable Agent and such Bank Bank, or Issuing Bank, as the case may be, be in the ordinary course of business. The loan accounts or records maintained by the applicable Agent, the Issuing Bank and each Bank shall be conclusive absent manifest error of the amount of the Loans made by the Banks to the Company and the Letters of Credit Issued for the account of the Company, applicable Borrower and the interest and payments thereon. In the event of any conflict, the loan accounts of the Agents shall govern. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Company or the US Borrower hereunder to pay any amount owing with respect to the Loans or any Letter of Credit.L/C.
Appears in 1 contract
Samples: Credit Agreement (Zemex Corp)
Loan Accounts. (a) The Loans made by each Bank Lender and the Letters of Credit Issued by the Issuing Bank Issuer shall be evidenced by one or more accounts or records maintained by such Bank Lender or Issuing BankIssuer, as the case may be, in the ordinary course of business. The accounts or records maintained by the Administrative Agent, the Issuing Bank Issuer and each Bank Lender shall be conclusive absent manifest error of the amount of the Loans made by the Banks Lenders to the Company and the Letters of Credit Issued for the account of the Company, Company and the interest and payments thereon. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Company hereunder to pay any amount owing with respect to the Loans or any Letter of Credit.
Appears in 1 contract
Loan Accounts. (a) The Loans made by each Bank Lender and the Letters of Credit Issued by the Issuing Bank shall be evidenced by one or more accounts or records maintained by such Bank Lender or Issuing Bank, as the case may be, in the ordinary course of business. The accounts or records maintained by the Agent, the Issuing Bank and each Bank Lender shall be conclusive absent manifest error prima facie evidence of the amount of the Loans made by the Banks Lenders to the Company Company, and the Letters of Credit Issued for the account of the Company, and the interest and payments thereon. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Company hereunder to pay any amount owing with respect to the Loans or any Letter of Credit.
Appears in 1 contract
Samples: Credit Agreement (CBIZ, Inc.)
Loan Accounts. (a) The Loans made by each Bank and the Letters of Credit Issued by the Issuing Bank L/C Obligations shall be evidenced by one or more loan accounts or records maintained by such Bank or the Issuing Bank, as the case may be, in the ordinary course of business. The loan accounts or records maintained by the Administrative Agent, the Issuing Bank and each Bank shall be conclusive absent manifest error prima facie evidence of the amount of the Loans made by the Banks to the Company each Borrower and the Letters of Credit Issued for the account of the Companyeach Borrower, and the interest and payments thereon. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Company any Borrower hereunder to pay any amount owing with respect to the Loans or any Letter of Credit.
Appears in 1 contract
Samples: Credit Agreement (Jacobs Engineering Group Inc /De/)
Loan Accounts. (a) The Loans made by each Bank and the Letters of Credit Issued by the Issuing Bank shall be evidenced by one or more accounts or records maintained by such Bank or Issuing Bank, as the case may be, in the ordinary course of business. The accounts or records maintained by the Administrative Agent, the Issuing Bank and each Bank shall be conclusive absent manifest error rebuttable presumptive evidence of the amount of the Loans made by the Banks to the Company and the Letters of Credit Issued for the account of the Company, and the interest and payments thereon. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Company hereunder to pay any amount owing with respect to the Loans or any Letter of Credit.
Appears in 1 contract
Samples: Credit Agreement (Kerkorian Kirk)
Loan Accounts. (a) The Loans made by each Bank and the Letters of ------------- Credit Issued by the Issuing Bank shall be evidenced by one or more loan accounts or records maintained by such Bank or Issuing Bank, as the case may be, Bank in the ordinary course of business. The loan accounts or records maintained by the Agent, the Issuing Bank and each Bank shall be conclusive absent manifest error of the amount of the Loans made by the Banks to the Company Borrower and the Letters of Credit Issued for the account of the Company, Borrower and the interest and principal payments thereon. Any failure so to record or any error in doing so shall not, however, limit or otherwise affect the obligation of the Company Borrower hereunder to pay any amount owing with respect to the Loans or any Letter of Credit.
Appears in 1 contract
Samples: Secured Credit Agreement (System Software Associates Inc)